Vermont § 4203 - Testing of automated vehicles on public highways

§ 4203. Testing of automated vehicles on public highways

• (a) An automated vehicle shall not be operated on public highways for testing until the
  Traffic Committee as defined in 19 V.S.A. § 1(24) approves a permit application for automated vehicle testers that defines the scope
  and operational design domain for the test and demonstrates the ability of the automated
  vehicle tester to comply with the requirements of this section. (b) Prior to approving a permit application, the Traffic Committee shall conduct a hearing
  to provide for comments from the public. Legislative bodies of the municipalities
  where an automated vehicle will be tested shall be notified by the Traffic Committee
  60 calendar days prior to the Traffic Committee hearing when the geographic scope
  of the test includes State highways or Class 1, 2, 3, or 4 town highways, as classified
  pursuant to 19 V.S.A. § 302, within the geographic boundaries of the municipality. (c) The Traffic Committee is authorized to approve the testing of automated vehicles on: (1) All State highways and Class 1 town highways. (2) Class 2, 3, and 4 town highways within the geographic boundaries of municipalities
  that have preapproved testing of automated vehicles on Class 2, 3, and 4 town highways
  within the geographic boundaries of the municipality as of the date the permit application
  for automated vehicle testing is filed. A municipality may immediately revoke its
  preapproval of automated vehicle testing by notifying the Secretary of Transportation
  in writing that it no longer wishes to allow testing of automated vehicles on Class
  2, 3, and 4 town highways within the geographic boundaries of the municipality. (d) The Agency of Transportation’s Automated Vehicle Testing Guide shall include a list
  of municipalities that have preapproved testing of automated vehicles and shall update
  the Automated Vehicle Testing Guide within 10 business days after a municipality notifies
  the Secretary of Transportation in writing that it now wishes to allow testing of
  automated vehicles on Class 2, 3, and 4 town highways within the geographic boundaries
  of the municipality or no longer wishes to allow testing of automated vehicles on
  Class 2, 3, and 4 town highways within the geographic boundaries of the municipality. (e) The Traffic Committee has the sole authority to approve specific test permit applications.
  Municipal approval of specific testing permits is not required. Notwithstanding subdivision
  (c)(2) of this section, after a test permit has been approved by the Traffic Committee,
  all modifications to the operational design domain or other permit conditions, including
  changes affecting town highways in a preapproved testing municipality, requires approval
  by the Traffic Committee. (f) Before a test commences, the Traffic Committee shall make approved automated vehicle
  test permits readily available to law enforcement and municipalities within the geographic
  scope of the operational design domain designated in the permit. (g) The automated vehicle tester shall submit a report to the Traffic Committee annually,
  until all testing ceases, summarizing results and observations related to safety,
  traffic operations, interaction with roadway infrastructure, comments from the public,
  and any other relevant matters. (h) An automated vehicle tester shall not test an automated vehicle on a public highway
  unless: (1) The operator is: (A) seated in the driver’s seat of the automated vehicle; (B) monitoring the operation of the automated vehicle; and (C) capable of taking immediate manual control of such automated vehicle. (2) The automated vehicle tester: (A) registers each automated vehicle to be tested with the Commissioner pursuant to chapter
  7 of this title; (B) submits to the Commissioner, in a manner and form directed by the Commissioner, proof
  of liability insurance, self-insurance, or a surety bond of at least five million
  dollars for damages by reason of bodily injury, death, or property damage caused by
  an automated vehicle while engaged in automated vehicle testing; (C) has established and enforces a zero-tolerance policy for drug and alcohol use by operators
  while engaged in automated vehicle testing. The policy shall include provisions for
  investigations of alleged policy violations and the suspension of drivers under investigation;
  and (D) has conducted background checks for all operators pursuant to section 751 of this title, which may be inspected by the Commissioner of Motor Vehicles or designee pursuant
  to section 752 of this title. (3) The operator and automated vehicle tester: (A) comply with applicable standards established by the National Highway Traffic Safety
  Administration regarding the testing of automated vehicles or are capable of providing
  proof of exemptions or waivers to such standards; (B) report to the Agency of Transportation and the applicable law enforcement agency within
  72 hours after any motor vehicle crash involving the testing of the automated vehicle
  that results in personal injury or property damage; and (C) satisfy any other requirements and permit conditions as determined by the Traffic
  Committee as necessary to ensure the safe operation of such automated vehicles. (i) An automated vehicle testing permit may be voided and invalidated for the trip by
  a law enforcement officer who determines there is a violation of any condition specified
  in the terms of the automated vehicle test permit or that the continuation of the
  trip would be unsafe. (j) An automated vehicle testing permit may be suspended or revoked by the Traffic Committee
  if, after the opportunity for a hearing, the Traffic Committee determines that there
  is a violation of any condition or conditions specified in the terms of the automated
  vehicle test permit that warrants the suspension or revocation of the testing permit
  or that the continuation of the testing would be unsafe. (k) Operating or testing in violation of a suspension or revocation order shall be a traffic
  violation for which there shall be a penalty of not more than $1,000.00. (l) Test vehicles must be capable of operating in compliance with applicable traffic and
  motor vehicle laws of this State, subject to this subchapter. (m) An individual shall not operate, attempt to operate, or be in actual physical control
  of an automated vehicle being tested on a public highway when the individual’s blood
  alcohol concentration is 0.02 or more. (n) An automated vehicle being tested on a public highway shall be clearly identifiable
  by the public. (Added 2019, No. 60, § 16.)